Armour and Co.

National Labor Relations Board - Board Decisions

Mar 6, 1946

66 N.L.R.B. 324 (N.L.R.B. 1946)

In the Matter of ARMOUR AND COMPANY and UNITED PACKING HOUSE
WORKERS OF AMERICA, LOCAL 317, C. I. 0.
Case No. 19-R-1655.-Decided March 6, 1946
Messrs. W. A. Coon and L. J. Fitzpatrick, of Portland, Oreg., for
the Company.
Mr. A. F. Hartung, of Portland, Oreg., and Mr. R. E. Engelking,
of Spokane, Wash., for the C. I. 0.
Messrs. Herman Fahlbusch and Lyle Augee, of Portland, Oreg.,
for the A. F. L.
Mr. Phil E. Thompson, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by United Packing House Workers of
America, Local 317, C. I. 0., herein called the C. I. 0.,1 alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Armour and Company, Portland, Oregon,
herein called the Company, the National Labor Relations Board
provided for an appropriate hearing upon due notice before Erwin
A. Peterson, Trial Examiner. The hearing was held at Portland,
Oregon, on December 13, 1945, At the start of the hearing, the Trial
Examiner overruled the objection of the C. I. 0. to a motion to'inter-
vene filed by Amalgamated Meat Cutters and Butcher Workmen of
North America, Local 656, A. F. L., herein called the A. F. L. The
Company, the C. I. 0., and the A. F. L. appeared and participated.
All parties were afforded full opportunity to be heard, to examine
and cross-examine witnesses, and to introduce evidence bearing on
the issues. The Trial Examiner's rulings made at the hearing are
free from prejudicial error and are hereby affirmed. All parties were
afforded opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
1 The parties stipulated that all formal papers herein be amended to show the name
of the C. I. O. as indicated in the caption and in the body of the Decision.
66 N. L . R. B., No. 37.
324
ARMOUR AND COMPANY
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
325
Armour and Company, an Illinois Corporation, having its prin-
cipal place of business at Chicago, Illinois, is engaged at its Portland,
Oregon, plant in the slaughtering of livestock and the processing of
meat products. During the past year the Company purchased for
slaughter and processing at its Portland, Oregon, plant, livestock
valued in excess of $2,750,000, approximately 32 percent of which was
received from points outside the State of Oregon. During the same
period the Company sold finished meat products from its Portland,
Oregon, plant valued in excess of $2,750,000, approximately 25 per-
cent of which was shipped to points outside the State of Oregon.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATIONS INVOLVED
United Packing House Workers of America, Local 317, is a labor
organization affiliated with the Congress of Industrial Organizations,
admitting to membership employees of the Company.
Amalgamated Meat Cutters and Butcher Workmen of North Amer-
ica, Local 656, is a labor organization affiliated with the American
Federation of Labor, admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the C. I. O. as
the exclusive bargaining representative of certain of its employees
at its Portland, Oregon, plant, until the C. I. O. has been certified
by the Board in an appropriate unit.
From 1935 to 1941, the A. F. L. was the recognized bargaining
representative of the employees involved herein, under a written
contract with the Company's predecessor. When the Company as-
sumed ownership of the Portland plant in 1941, although not assum-
ing this contract, it proceeded, generally, to abide by its terms,
continuing the A. F. L. as the recognized bargaining representative.
In 1942, negotiations between the Company and the A. F. L. for a
new contract resulted in disputed issues being submitted to the War
Labor Board, which issued its final directive in April 1945. However,
no contract was executed pursuant to the directive, and at the time
of the hearing further negotiations were pending between the Com-
326 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
pany and the A. F. L. On October 18, 1945, the C. I. O. filed its
petition herein.
The A. F. L. maintains that the proceedings before the War Labor
Board, and the outstanding directive of that agency, constitute a bar
to the instant proceeding. We find no merit in the A. F. L.'s con-
tention. The A. F. L. is not in a position of a newly certified or
recognized bargaining representative which has been deprived of
an opportunity to demonstrate its effectiveness as a bargaining agent
because of the submission of disputed issues to the War Labor Board.
The A. F. L. has been the bargaining representative of the employees
involved herein since 1935 and has enjoyed ample opportunity to
obtain, and has obtained, substantial benefits for such employees .2
A statement of a Board agent, introduced into evidence at the hear-
ing, indicates that the C. I. O. represents a substantial number of
employees in the unit hereinafter found appropriate.3
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
Iv. THE APPROPRIATE UNIT
The parties generally agree that the bargaining unit should consist
of all plant employees, including mechanics and poultry workers,
but, excluding all office employees, truck drivers, and salesmen. How-
ever, the parties are in di'sa'greement as to several categories. The
C. I. O. would exclude the master mechanic, killing room foreman,
and wholesale market foreman and would include the shipping clerks,
the receiving clerk, and the watchmen. The A. F. L. would include
all the foregoing employees except the receiving clerk. The Company
would exclude all the disputed categories, which are hereinafter dis-
cussed.
Master mechanic, killing room foreman, wholesale market foreman,
and shipping clerks:
These employees are' in charge of groups numbering from 4 to 30
employees. The record indicates they all have authority to hire, disci-
pline, and discharge employees under their supervision. Accordingly,
2 Matter of Higgins Industries, Inc., 65 N. L. R. B. 50; Matter of Lonsdale Company
(Blackstone Cotton Mill), 63 N. L. R. B 75; Matter of American Car and Foundry
Company, 60 N. L. R. B. 735 ; Matter of Federal Scren, Works, 61 N. L. R. B. 387 ;
Matter of Na-Mac Products Corporation, 60 N. L. R. B. 1463; Matter of Kennecott
Copper Corporation, Nevada Mines Division, 51 N. L. R. B. 930.
The Field Examiner reported that the C. I. O. submitted 29 designations and that
there are approximately 50 employees in the appropriate unit. The A. F. L. relies
upon its past bargaining relationship with the Company as evidence of its interest in
this proceeding.
ARMOUR AND COMPANY 327
we find that they are supervisory employees , and we shall exclude
them from the unit.
Receiving clerk:
The Company employs one receiving clerk. Ile performs the cus-
tomary duties of such an employee, including the distribution and
allocation of supplies and equipment to the various production depart-
ments. He is also in charge of dispensing tools to the workmen. His
work is clerical, he receives instructions from the general plant
superintendent, and performs substantially all his duties in the receiv-
ing department. His work is in close proximity to the production
workers. We are of the opinion that plant clerical employees who
work in production departments, under the same supervision as pro-
duction employees, have a community of interest with such employees,
and, accordingly, belong in the same unit.4 We shall include this
employee.
Watchmen:
The Company employs three watchmen. They make regular
rounds, protect against fire and theft, and are paid on an hourly
basis. They are neither militarized nor deputized. Inasmuch as the
duties of the watchmen are custodial and not monitorial, we shall
include them within the unit.5
We find that all production and maintenance employees, including
mechanics, poultry workers, the receiving clerk, and watchmen, but
excluding all office employees, truck drivers, salesmen , the master
mechanic, shipping clerks, killing room foreman, wholesale market
foreman, and all or any other supervisory employees with authority
to hire, promote, discharge, discipline, or otherwise effect changes in
the status of employees, or effectively recommend such action, con-
stitute a unit appropriate for the purposes of collective bargaining
within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among employees
in the appropriate unit who were employed during the pay-roll period
immediately preceding the date of the Direction of Election herein,
subject to the limitations and additions set forth in the Direction.
'See Matter of Sylvania Industrial Corporation, 61 N. L . R. B. 1585; Matter of
Goodman Manufacturing Company, 58 N. L. R. B. 531.
5 See Matter of Lectrolite Corporation, 63 N. L. R B. 369; cf. Matter of Kelsey-Hayes
Wheel Company, 62 N. L. R B. 421.
328 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 3, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Armour and
Company, Portland, Oregon, plant, an election by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Nineteenth Region, acting in this
matter as agent for the National Labor Relations Board, and sub-
ject to Article III, Sections 10 and 11, of said Rules and Regulations,
among employees in the unit found appropriate in Section IV, above,
who were employed during the pay-roll period immediately preceding
the date of this Direction, including employees who did not work
during said pay-roll period because they were ill or on vacation or
temporarily laid off, and including employees in the armed forces of
the United States who present themselves in person at the polls, but
excluding those employees who have since quit or been discharged
for cause and have not been rehired or reinstated prior to the date
of the election, to determine whether they desire to be represented by
United Packing House Workers of America, Local 317, affiliated with
the Congress of Industrial Organizations, or by Amalgamated Meat
Cutters and Butcher Workmen of North America, Local 656, affili-
ated with the American Federation of Labor, for the purposes of col-
lective bargaining, or by neither.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.